The President promulgated the draft of the amendment to Article 52 of the Employment Service Act, abolishing the requirement stipulating that foreign workers must travel abroad one day every three years. The amendment became effective on November 5, 2016, which means that employers may renew foreign worker employment permits that expire on November 5, 2016 and that workers may continue to work in Taiwan once the Ministry of Labor approves their permits.
The Ministry of Labor indicated that other relevant amendments to sub-laws will be made public as soon as possible. Applications for continual employment are accepted starting November 5, 2016 before relevant amendments to sub-laws are made public and come into force in order to protect the rights and interests of foreign workers and their employers. The Ministry of Labor is working on finalizing rules and regulations regarding foreign workers whose work permits are expiring and who wish to work for another employer and for those on foreign worker employee leave after the abolishment of the one day overseas requirement.
Also, after the promulgation of the Employment Service Act comes into effect, foreign nationals may make use of their existing vacations such as annual leave to return home during the effective period of their employment permit; employers cannot refuse their request to return to their home countries according to the law. If an employer does refuse their requests, the employer may be fined in accordance with the law if the local labor competent authority verifies the refusal as factual and if the request continues to be denied after a notice of improvement has been issued.
The Ministry of Labor reminds the public that once Article 52 of the Employment Service Act comes into effect, foreign workers who are not re-employed by employers must still go abroad within their employment permit period; employers are duly advised so as to avoid violating regulations.
Key Words: Abolishment of the one day per three years exit requirement for foreign workers, renewed employment, requesting leave to return home